Western Australian Current Acts Western Australian Current Acts (1) A bail record form
shall be completed by an authorised officer or a justice if he —
(a)
refuses to grant bail to an accused; or
(b)
grants bail to an accused in the circumstances referred to in clause 3 of Part
B of Schedule 1; or
(ba)
grants bail to an accused for an offence to which Schedule 1 Part C clause 3A
or 3D applies; or
(c)
imposes any condition on a grant of bail and it appears to him that the
accused is dissatisfied with the condition.
(2) Where a judicial
officer, other than a justice —
(a)
refuses to grant bail to an accused; or
(aa)
grants bail to an accused for an offence to which Schedule 1 Part C clause 3A,
3D, 3E or 3F applies; or
(b)
imposes any condition on a grant of bail and it appears to him that the
accused is dissatisfied with the condition,
a record of the
decision and of the reasons therefor shall be made.
(3) The accused, the
prosecutor or an intending prosecutor shall be entitled, upon request, to be
furnished with a copy of the bail record form or, where subsection (2)
applies, of the record made.
(4) For the purposes
of this section —
(a)
references to a justice do not include a magistrate or a judge of the District
Court or the Supreme Court or the Children’s Court who is a justice; and
(b) a
bail record form is an approved form designed to contain a summary of the
matters relevant to the decision as to the bail of an accused, including those
matters set out in Part C of Schedule 1, the decision made, and the reasons
for the decision.
(5) A bail record
form, or the record of a decision and reasons for it, must not include
information that is terrorist intelligence information.
[Section 26 inserted: No. 15 of 1988 s. 10;
amended: No. 49 of 1988 s. 85; No. 45 of 1993 s. 12; No. 59 of 2004 s. 141;
No. 84 of 2004 s. 82; No. 6 of 2008 s. 17 and 43(1); No. 21 of 2017 s. 6; No.
15 of 2019 s. 9; No. 30 of 2020 s. 43.]